ACT Employment Law - Grounds to Leave Employment Without Penalty?

[Thirteen]

Just wondering if anyone knows what actions an employer could take if an employment obligation was broken.

I signed my initial letter of offer which stated if I complete a qualification, I have an obligation to remain at the company for 12 momonths after receiving said qualification. The qualification normally consists of 5 exams which cost roughly $200 each. I had completed 3 of these exams prior to joining the company, however the employer paid for the remaining 2 exams and provided a 3 day training course for one of the exams.

I believe the contract was a standard one given to everyone and he expects to provide serveral 3-5day training packages plus costs of exams. After I received the qualification I received another contract which I have not signed, that states I have an obligation to stay for 12months and awards me a 10000 pay rise.

Now the catch, my employer is struggling with cash, our pays are often up to a week late, and he has yet to pay any superannuation contributions to my superannuation account in the 5months I have been there. Is this grounds enough for me to leave without imposing any penalty under employment law?

 

[Rod]

You both have obligations. Failure to pay wages on time will help with a notice period requirements but it is likely the employer may counter-claim for the cost of training.

While contracts can be terminated for a breach, the court may consider the contract terms to be severable (meaning you pay for the training).

The employer can't make you stay, slavery was abolished a few years ago, however he may be able to make you pay for the training.

 

[Thirteen]

Yeah I thought that might be the case, and would assume he could just take it out of my annual leave instead of paying it out